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The First Amendment affords protection to political speech on the basis of its high value. However, political speakers who make inflammatory statements on both sides of an issue do not advance political projects. An entity that purchases inflammatory social media advertising, for instance, both for and against gun control, and generates offsetting reactions simply raises the level of discursive conflict. This actor may be identified as a bad faith political speaker through relatively objective criteria. One-sided content producers, by contrast, even if they utter falsehoods and inflame discourse, cannot be so easily branded. The Gertz court, and First Amendment doctrine in general, correctly views this challenge as better handled outside of the courtroom. The novelty presented here is that evidence of two-sided content production can curtail the need for discretion and potentially close the door to many errors in judgment. Classifying two-sided inflammatory speech as low value is relatively easy to administer judicially, consistent with economic efficiency, and increases the political bargaining space by reducing discursive conflict. It also has the advantage of prohibiting egregious outside interference in an election without the need to identify the geographic origin of the disruption.

This issue of Research in Law and Economics covers several areas of important research by a variety of international scholars. It contains technical papers on the appropriate way to estimate damages in patent disputes, as well as methods for evaluating relevant markets and vertically integrated firms when determining the competitive effects of mergers and other actions. There are also papers on the implication of different legal processes, regulations, and liability rules on consumer welfare, which range from the impact of delays in legal decisions in labor cases in France to issues of criminal liability related to the use of artificial intelligence.

In this study, various acts including regulations of public financial management, fiscal responsibility, and state budget in the selected six countries were subjected to different readability tests, and an international comparison was made. The fiscal responsibility act of six countries – Turkey, the UK, India, Australia, Canada, and Pakistan – were included in the study and analyzed. Each country was analyzed under its official language. Since English is an official language of all of the countries except for Turkey, the authors have evaluated the fiscal responsibility acts of these countries using the following readability tests: Flesch Reading Ease, Flesch-Kincaid, Gunning-Fog, and Dale-Chall. Additionally, Public Financial Management and Control Law No. 5018 approved in Turkey was analyzed by the Ateşman Readability Test which was uniquely designed for Turkish grammar rules. The acts discussed in the study were analyzed not only as a whole but also in parts and subsections. According to the results of the study, the levels of readability of the existing laws in most of the selected countries are very difficult to understand for a university graduate. However, when the readability level of the British Budget Responsibility and National Audit Act tested as parts and subsections and a whole, it was rated at a level a university student could understand. This study analyses the readability and intelligibility of acts related to fiscal responsibility and the state budget in six selected countries, adopting Anglo-Saxon public administration model and making an inter-country evaluation. Since it is important that citizens have enough information about legislation for a citizen-oriented understanding, a legislation system that is understood by the larger part of the society is essential.

In 2014, the Colombian Government commissioned a unique national survey on illegal liquor. Interviewers purchased bottles of liquor from interviewees and tested them for authenticity in a laboratory. Two factors predict whether liquor is contraband (smuggled): (1) the absence of a receipt and (2) the presence of a discount offered by the seller. Neither factor predicts whether a bottle is adulterated. The results back a story in which sellers are complicit with a contraband economy, but whether buyers are complicit remains unclear. However, buyers are more likely to receive adulterated liquor when specifically asking for a discount.

In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this evolution is the United States Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1435 (2013). The evolution of pre-Comcast law on this topic is presented, the Comcast decision is thoroughly assessed, as are the standards for developing reliable economic analysis. This article explains how economic evidence of both antitrust liability and damages ought to be developed in light of the teachings of Comcast, and how liability evidence can be used by economists to support a finding of common impact for certification purposes. In addition, the article addresses how statistical techniques such as averaging, price-dispersion analysis, and multiple regressions have and should be employed to establish common proof of damages.

This paper estimates the conditional hazard baseline (term-structure) of the hazard rate to default at the time of bonds’ issuance by using two hazard models–one ignoring and another allowing unobserved heterogeneity (UH) in the hazard rate. Following Diamond (1989) one can predict a declining hazard rate to default due to adverse selection and moral hazard. After controlling for UH caused by adverse selection and time-series shocks, the hazard rate shows to be increasing over time and hence the moral hazard effect cannot be confirmed.

Purpose: In the early 2010s, Japanese society recognized and experienced a panic about increasing infertility and people’s lack of knowledge about human reproduction. This chapter focuses on several graphs that misrepresented or distorted scientific findings that were used in the campaign related to this panic and explores (1) how the graphs were made, used, and authorized, and (2) how they contributed to changes in discourses and policies.

Methodology/approach: Literature survey.

Findings: (1) The graphs were made in the field of obstetrics, gynecology, and reproductive medicine by questionable methods, including falsifying, trimming, and misunderstanding of data. (2) Researchers in the field of fertility study relied on secondary and tertiary sources thus ignoring and compounding errors. (3) Such inauthentic research was approved and politically mobilized by professional organizations, rather than being penalized or criticized. (4) Discourse based on such unscientific knowledge may have encouraged a pronatalist policy of promoting early marriage and education about human fertility and life planning, targeted at teenage girls.

Research limitations/implications: Any society suffering from a low birthrate can experience similar phenomena. This study focuses on Japan, but it has wider implications about how low integrity and quality of the presentation of medical research can cause these issues elsewhere in the world.

Social implications: This chapter includes a warning against biological explanations that contain unscientific connotations about gender.

Originality/value of study: This study confirms how gender-related policy in 2010s Japan was influenced by science that lacked research integrity and was of sub-standard quality.